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Aggravated DWI
02 Oct 2017

Aggravated DWI

Due to the serious injuries and fatalities sustained each year as a result of drunk driving accidents, New Mexico police officers are cracking down on aggravated DWI enforcement. A conviction for aggravated DWI can subject you to serious fines and other penalties under the law.

The Albuquerque, New Mexico DWI lawyers at Twohig Law Firm can ensure that all of your constitutional rights are safeguarded while your criminal case is pending in the court system.

Proving an Aggravated DWI Charge

In an aggravated DWI case, the prosecution has the burden of proving its case beyond a reasonable doubt. In order to meet its burden, the State must show that the offender did one or more of the following:

  • Refused to take a breathalyzer or blood test upon request
  • Took a breathalyzer test and blew a 0.16 or higher
  • Caused bodily injury while driving a motor vehicle under the influence of alcohol

The DWI lawyers at Twohig Law Firm can investigate the facts and circumstances of your case and can help you formulate good legal defenses to your DWI charge. They may also be able to help you obtain a complete dismissal of your charge or a favorable plea bargain with the prosecution.

Potential Penalties Upon Conviction

The potential penalties upon conviction are much the same as for a regular DWI conviction. However, aggravated DWI convictions have additional penalties associated with them – one of which is mandatory jail time. These penalties increase significantly if the defendant is a repeat aggravated DWI offender.

A mandatory penalty is a penalty that you will sustain even if you decide to plead guilty to your DWI charge in court. Mandatory penalties for a New Mexico aggravated DWI conviction include the following:

  • Jail time
  • Mandatory attendance at a drug or alcohol rehabilitation program
  • Mandatory community service of up to 48 hours
  • Mandatory installation of an ignition interlock device in your vehicle

When an ignition interlock device is installed in your vehicle, you must first blow into the device in order to be able to start the vehicle. If the device detects even a small amount of alcohol on your breath, the vehicle will not start.

If this is your first conviction, you may be sentenced to 48 hours of mandatory incarceration in a county jail, fees and court costs, and one year of probation. If you are a second-time aggravated DWI offender, however, you may be required to serve a minimum of 96 hours of mandatory jail time in a county jail, as well as an additional 96 hours of incarceration for the aggravated portion. You may even be required to pay up to $1,000.00 in fines – $500.00 of which is deemed mandatory under state law. Finally, if you are a three-time DWI offender, you may be required to serve 30 days of jail time in a county jail, along with an additional 60 days for the aggravated portion. You may also be required to pay up to $1,000.00 in fines – $750.00 of which is deemed mandatory under state law.

Lifetime Effects of a New Mexico Aggravated DWI Conviction

Aggravated DWI charges and convictions carry serious penalties which can compromise both your personal and professional goals. In today’s competitive education, job, and housing markets, background checks are more common than ever. Schools, employers, and leasing companies regularly check criminal records before making their decisions. A person with a New Mexico aggravated DWI charge or conviction will have a criminal record and is at a significant disadvantage when it comes to gaining admission to a college or university, finding a job, or leasing an apartment.

Moreover, a conviction will almost certainly result in an insurance rate hike that could result in a driver’s license suspension. The knowledgeable attorneys at Twohig Law Firm can help you to minimize the impact of your charge or conviction – as well as the penalties – whenever and wherever possible.

Contact an Albuquerque, New Mexico DWI Lawyer Today to Discuss Your Case and the Potential Penalties Upon Conviction

New Mexico aggravated DWI convictions can result in extremely serious penalties, not to mention the disruption to your life. Consequently, if you have been charged, it is not a good idea to take a “go it alone” approach. You need a knowledgeable criminal defense attorney who can safeguard your legal rights and provide you with thorough, result-oriented representation.

The attorneys at Twohig Law Firm are fully prepared to represent you throughout your case and in court. Our attorneys can explain the potential penalties to you and may be able to help you obtain a dismissal of your charge, favorable plea agreement, or penalty reduction upon conviction. You can contact the aggravated DWI lawyers at Twohig Law Firm by calling (505) 898-0400, for a free initial consultation.


  • I have been in the legal field for almost 41 years. I work with lawyers as a consultant all over the US. Ray Twohig is the best of the best. He is very thoughtful, thorough, careful, and... Twohig Law Firm Twohig Law Firm

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